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AMRITA SINHA
Kashmira Khan – Appellant
Versus
West Bengal State Election Commission – Respondent
JUDGMENT :
Amrita Sinha, J.
1. The petitioner contested the Panchayat General Elections, 2023. On the allegation of merciless beating, snatching and looting of ballot papers in the midst of counting of votes at the instance of the supporters of the ruling dispensation, a complaint was lodged before the State Election Commission and the Panchayat Returning Officer. As the said complaint was not considered by the respondent authorities, she filed a writ petition before this Court being WPA 16653 of 2023. The said writ petition was disposed of on 14th July, 2023 directing the State Election Commission to enquire into the matter and take necessary remedial steps if the allegations of the petitioner are found to be true.
2. The State Election Commission enquired the matter and passed reasoned order on 24th July, 2023 which is impugned in the instant writ petition.
3. The Commission admits the allegation made by the petitioner. It mentions that the Commission conducted an enquiry through the Police and a report had been submitted to the Commission through the District Magistrate, Howrah. The District Magistrate reported that an incident of snatching of ballot papers took place on 11th July,
A recount can only be ordered when specific allegations of counting irregularities are proven with supporting evidence, prioritizing electoral integrity over secrecy.
Election petitions must demonstrate a prima facie case of irregularities for recounting of votes; non-framing of issues does not invalidate proceedings if parties understand the disputes.
Election process - Election for Member, Zila Panchayat - The legal position, no doubt, is that ordinarily there would be no interference in an election matter after an election result has been declar....
Election disputes must be addressed through statutory remedies, and writ petitions are not maintainable when an alternative remedy exists under the relevant election laws.
It is a settled principle of law that remedy under Article 226 of Constitution of India is discretionary in nature and in a given case, even if some action or order challenged in petition is found to....
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